Unknown. Interim rule with request for comments
4,749 words·~22 min read·
/register/2014/09/16/2014-22052A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
--- schema: federal-register doc_type: fedreg source_file: FR-2014-09-16.xml --- 79 179 Tuesday, September 16, 2014 Contents Agricultural Marketing Agricultural Marketing Service RULES Avocados Grown in South Florida and Imported Avocados: Change in Maturity Requirements, 55351-55354 2014-22052 Agriculture Agriculture Department See Agricultural Marketing Service See Food and Nutrition Service See Forest Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 55426 2014-21947 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 55495-55497 2014-22009 2014-22010 Coast Guard Coast Guard PROPOSED RULES Safety Zones: Old Port Tampa Exercise 2014; Tampa Bay, FL, 55409-55412 2014-21984 Commerce Commerce Department See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration See Patent and Trademark Office Defense Department Defense Department NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 55436 2014-22014 Meetings: Defense Policy Board, 55437 2014-21949 Report on Alternative Measures of Allowable Reimbursement: Compensation of Contractor Employees, 55507 2014-22005 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Annual Protection and Advocacy of Individual Rights Program Assurances, 55439-55440 2014-22026 Charter School Facilities National Questionnaire, 55438-55439 2014-22024 Family Educational Rights and Privacy Act Regulatory Requirements, 55439 2014-22031 Generic Application Package for Departmental Generic Grant Programs, 55440-55441 2014-22042 State and Local Educational Agency Record and Reporting Requirements under the Individuals with Disabilities Education Act, 55437-55438 2014-22025 Meetings:
President's Advisory Commission on Educational Excellence for African Americans, 55441 2014-22072 Privacy Act; Computer Matching Program, 55441-55443 2014-22073 Employment and Training Employment and Training Administration NOTICES Labor Surplus Area Classification, 55504-55505 2014-22012 Energy Department Energy Department See Federal Energy Regulatory Commission PROPOSED RULES Energy Conservation Programs: Standards for Packaged Terminal Air Conditioners and Packaged Terminal Heat Pumps, 55538-55601 2014-21189 NOTICES Records of Decision:
Cameron LNG, LLC Export Application; Floodplain Statement of Findings, 55443-55445 2014-22056 Environmental Protection Environmental Protection Agency PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Prevention of Significant Deterioration for Particulate Matter Less than 2.5 Micrometers, etc., 55412 2014-21973 Standards of Performance for Grain Elevators, 55413 2014-21811 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:
National Volatile Organic Compound Emission Standards for Aerosol Coatings, 55449-55450 2014-22057 National Volatile Organic Compound Emission Standards for Architectural Coatings, 55448-55449 2014-22055 Certain New Chemicals; Receipt and Status Information, 55450-55472 2014-22037 2014-22039 Final 2012 and Preliminary 2014 Effluent Guidelines Program Plans and 2012 and 2013 Annual Effluent Guidelines Review Reports, 55472-55474 2014-22062 Meetings: Federal Insecticide, Fungicide, and Rodenticide Act Scientific Advisory Panel, 55475-55477 2014-22044 National Drinking Water Advisory Council, 55474-55475 2014-22060 Proposed Consent Decrees:
Clean Air Act Citizen Suit, 55477-55478 2014-22061 Executive Office of the President See Management and Budget Office Export Import Export-Import Bank NOTICES Applications for Final Commitments for Long-Term Loans or Financial Guarantees in Excess of 100 Million Dollars: AP088514XX; Withdrawal, 55479 2014-22107 Meetings; Sunshine Act, 55479 2014-22108 Federal Aviation Federal Aviation Administration RULES Establishment of Class D Airspace and Amendment of Class E Airspace: Blackstone, VA, 55354-55355 2014-21912 Establishment of Class E Airspace:
Cynthiana, KY, 55356-55357 2014-21911 Pine Knot, KY, 55355-55356 2014-21910 Modification and Establishment of Area Navigation Routes: Western United States, 55357-55360 2014-21914 PROPOSED RULES Flight Simulation Training Device Qualification Standards: Extended Envelope and Adverse Weather Event Training Tasks, 55407-55408 2014-21938 NOTICES Waivers of Aeronautical Land-Use Assurance: Indianapolis International Airport, Indianapolis, IN, 55524-55526 2014-22079 Federal Communications Federal Communications Commission RULES Deployment of Text to 911 and Other Next Generation 911 Applications:
Framework for Next Generation 911 Deployment, 55367-55381 2014-21851 PROPOSED RULES Deployment of Text to 911 and Other Next Generation 911 Applications: Framework for Next Generation 911 Deployment, 55413-55425 2014-21852 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 55479-55485 2014-22020 2014-22021 2014-22022 2014-22023 Meetings: Panelist Information for Open Internet Roundtables, 55485-55486 2014-22058 Suspension and Commencement of Proposed Debarment Proceedings:
Schools and Libraries Universal Service Support Mechanism, 55486-55488 2014-22035 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 55488 2014-22087 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 55445-5548 2014-21975 2014-21976 2014-21977 2014-21978 Federal Highway Federal Highway Administration RULES Surface Transportation Project Delivery Program: Application Requirements, 55381-55403 2014-22080 Federal Motor Federal Motor Carrier Safety Administration RULES Hazardous Materials:
Emergency Restriction/Prohibition Order, 55403-55406 2014-21968 NOTICES Commercial Driver's Licenses: Passenger Endorsement Requirements; Preparing a Report to Congress, 55526-55528 2014-21995 Federal Railroad Federal Railroad Administration RULES Surface Transportation Project Delivery Program: Application Requirements, 55381-55403 2014-22080 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 55489 2014-22017 Federal Trade Federal Trade Commission NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 55489-55492 2014-22054 Early Terminations of Waiting Periods under the Premerger Notification Rules, 55492-55495 2014-21970 Federal Transit Federal Transit Administration RULES Surface Transportation Project Delivery Program: Application Requirements, 55381-55403 2014-22080 NOTICES Limitation on Claims Against Proposed Public Transportation Projects, 55528-55529 2014-22065 Fish Fish and Wildlife Service NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: International Grant Programs, 55499-55500 2014-21972 Meetings: Sport Fishing and Boating Partnership Council; Teleconference, 55501 2014-22166 Food and Drug Food and Drug Administration NOTICES Guidance: Electronic Submission of Lot Distribution Reports; Correction, 55497 2014-22015 Food and Nutrition Food and Nutrition Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Supplemental Nutrition Assistance Program Pre-Screening Tool, 55426-55427 2014-21948 Forest Forest Service NOTICES Transfers of Administrative Jurisdictions:
Ernest Veuve Hall United States Army Reserve Center at Fort Missoula, Missoula, MT, and the Helena Property, Helena National Forest, Helena, MT, 55427-55428 2014-22150 General Services General Services Administration RULES Federal Management Regulations: Transportation Management, Transportation Officer Obligating Authority, 55363-55366 2014-22093 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See National Institutes of Health RULES Interim Guidance:
Organizational Integrity of Entities Implementing Programs and Activities under the Leadership Act, 55367 2014-22051 Specifications for Medical Examinations: Coal Miners; Correction, 55366-55367 2014-22032 Homeland Homeland Security Department See Coast Guard Housing Housing and Urban Development Department RULES Federal Housing Administration Section 232 Healthcare Facility Insurance Program: Aligning Operator Financial Reports with HUD's Uniform Financial Reporting Standards, 55360-55362 2014-22069 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau Internal Revenue Internal Revenue Service RULES Authority for Voluntary Withholding on Other Payments, 55362-55363 2014-22036 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:
Certain Activated Carbon from the People's Republic of China, 55428-55429 2014-22078 Certain Frozen Warmwater Shrimp from India, 55430 2014-22074 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Certain Windshield Wiper Devices and Components Thereof, 55502-55503 2014-22013 Justice Department Justice Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: 2014 Census of Publicly Funded Forensic Crime Laboratories, 55503-55504 2014-22011 Labor Department Labor Department See Employment and Training Administration See Mine Safety and Health Administration See Occupational Safety and Health Administration Land Land Management Bureau NOTICES Meetings:
Resource Advisory Council Meeting for the Dominguez-Escalante National Conservation Area Advisory Council, 55501-55502 2014-22070 Management Management and Budget Office NOTICES Report on Alternative Measures of Allowable Reimbursement: Compensation of Contractor Employees, 55507 2014-22005 Mine Mine Safety and Health Administration PROPOSED RULES Criteria and Procedures for Assessment of Civil Penalties, 55408-55409 2014-22000 National Credit National Credit Union Administration NOTICES Meetings;
Sunshine Act, 55507 2014-22161 National Highway National Highway Traffic Safety Administration NOTICES Buy America Waivers, 55529-55530 2014-21992 Guidance: Visual-Manual NHTSA Driver Distraction Guidelines for In-Vehicle Electronic Devices, 55530-55534 2014-21991 National Institute National Institute of Standards and Technology NOTICES Meetings: Visiting Committee on Advanced Technology, 55430-55431 2014-22050 National Institute National Institutes of Health NOTICES Meetings:
Center for Scientific Review, 55497-55498 2014-21950 2014-21953 National Institute of Diabetes and Digestive and Kidney Diseases, 55498-55499 2014-21952 National Institute of Mental Health, 55499 2014-21951 National Oceanic National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Alaska Region Logbook Family of Forms, 55431 2014-22006 U.S. Integrated Ocean Observing System; Marine Technology and Services Enterprise Impact and Utilization Survey, 55431-55432 2014-22007 Environmental Impact Statements;
Availability, etc.: Fisheries of the Northeastern United States; Summer Flounder, Scup, and Black Sea Bass Fisheries; Scoping Process, 55432-55434 2014-22040 Meetings: New England Fishery Management Council, 55434-55435 2014-22018 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Facility Operating and Combined Licenses: Applications and Amendments Involving No Significant Hazards Considerations, 55507-55516 2014-21833 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Expansion of Recognition:
Underwriters Laboratories Inc., 55505-55506 2014-21937 Office of Management and Budget See Management and Budget Office Patent Patent and Trademark Office NOTICES Membership: Performance Review Board, 55435 2014-22066 Patents for Humanity Program: 2014 Application Deadline; Extension, 55435-55436 2014-22067 Railroad Retirement Railroad Retirement Board NOTICES Meetings; Sunshine Act, 55517 2014-22172 Securities Securities and Exchange Commission NOTICES Meetings; Sunshine Act, 55517 2014-22121 Self-Regulatory Organizations;
Proposed Rule Changes: NASDAQ Stock Market LLC, 55519-55521 2014-22003 New York Stock Exchange LLC, 55517-55519 2014-22004 NYSE Arca, Inc., 55521-55523 2014-22002 Small Business Small Business Administration NOTICES Conflict of Interest Exemptions: Stonehenge Opportunity Fund III, LP, et al., 55523-55524 2014-21997 Disaster Declarations: Arizona, 55524 2014-21980 Small Business Investment Company License Surrenders: Blue Rock Capital, L.P., 55524 2014-21967 Chrysalis Ventures II, L.P., 55524 2014-21971 NJTC Venture Fund SBIC, L.P., 55524 2014-21974 Surface Transportation Surface Transportation Board NOTICES Meetings:
Rail Energy Transportation Advisory Committee, 55534-55535 2014-22028 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See Federal Transit Administration See National Highway Traffic Safety Administration See Surface Transportation Board RULES Hazardous Materials: Emergency Restriction/Prohibition Order, 55403-55406 2014-21968 Treasury Treasury Department See Internal Revenue Service NOTICES Privacy Act;
Computer Matching Program, 55535-55536 2014-22059 Separate Parts In This Issue Part II Energy Department, 55538-55601 2014-21189 Reader Aids Consult the Reader Aids section at the end of this page for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 79 179 Tuesday, September 16, 2014 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Parts 915 and 944 [Doc.
No. AMS-FV-14-0051; FV14-915-1 IR] Avocados Grown in South Florida and Imported Avocados; Change in Maturity Requirements AGENCY: Agricultural Marketing Service, USDA. ACTION: Interim rule with request for comments. SUMMARY: This rule changes the maturity requirements currently prescribed under the Florida avocado marketing order (order). The order regulates the handling of avocados grown in South Florida and is administered locally by the Avocado Administrative Committee (Committee).
The corresponding change in the avocado import regulation is required under section 8e of the Agricultural Marketing Agreement Act of 1937. This rule changes the maturity shipping schedule to allow certain sizes and weights of the Choquette avocado variety to be shipped to the fresh market earlier. With this change, the maturity schedule will better reflect the current maturity rate for the Choquette variety, facilitating the shipment of this variety as it matures. DATES: Effective September 19, 2014; comments received by November 17, 2014 will be considered prior to issuance of a final rule.
ADDRESSES: Interested persons are invited to submit written comments concerning this rule. Comments must be sent to the Docket Clerk, Marketing Order and Agreement Division, Fruit and Vegetable Program, AMS, USDA, 1400 Independence Avenue SW., STOP 0237, Washington, DC 20250-0237; Fax:
(202)720-8938; or Internet: *http://www.regulations.gov* . All comments should reference the document number and the date and page number of this issue of the **Federal Register** and will be made available for public inspection in the Office of the Docket Clerk during regular business hours, or can be viewed at: *http://www.regulations.gov* . All comments submitted in response to this rule will be included in the record and will be made available to the public. Please be advised that the identity of the individuals or entities submitting the comments will be made public on the Internet at the address provided above. FOR FURTHER INFORMATION CONTACT: Doris Jamieson, Marketing Specialist, or Christian D. Nissen, Regional Director, Southeast Marketing Field Office, Marketing Order and Agreement Division, Fruit and Vegetable Program, AMS, USDA; Telephone:
(863)324-3375, Fax:
(863)325-8793, or Email: *Doris.Jamieson@ams.usda.gov* or *Christian.Nissen@ams.usda.gov* . Small businesses may request information on complying with this regulation by contacting Jeffrey Smutny, Marketing Order and Agreement Division, Fruit and Vegetable Program, AMS, USDA, 1400 Independence Avenue SW., STOP 0237, Washington, DC 20250-0237; Telephone:
(202)720-2491, Fax:
(202)720-8938, or Email: *Jeffrey.Smutny@ams.usda.gov* . SUPPLEMENTARY INFORMATION: This rule is issued under Marketing Agreement No. 121 and Marketing Order No. 915, both as amended (7 CFR part 915), regulating the handling of avocados grown in South Florida, hereinafter referred to as the “order.” The order is effective under the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674), hereinafter referred to as the “Act.” This interim rule is also issued under section 8e of the Act (7 U.S.C. 608e), which provides that whenever certain specified commodities including avocados, are regulated under a Federal marketing order, imports of these commodities into the United States are prohibited unless they meet the same or comparable grade, size, quality, or maturity requirements as those in effect for domestically produced commodities. The Department of Agriculture
(USDA)is issuing this rule in conformance with Executive Orders 12866, 13563, and 13175. This rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule is not intended to have retroactive effect. The Act provides that administrative proceedings must be exhausted before parties may file suit in court. Under section 608c(15)(A) of the Act, any handler subject to an order may file with USDA a petition stating that the order, any provision of the order, or any obligation imposed in connection with the order is not in accordance with law and request a modification of the order or to be exempted therefrom. A handler is afforded the opportunity for a hearing on the petition. After the hearing, USDA would rule on the petition. The Act provides that the district court of the United States in any district in which the handler is an inhabitant, or has his or her principal place of business, has jurisdiction to review USDA's ruling on the petition, provided an action is filed not later than 20 days after the date of the entry of the ruling. There are no administrative procedures which must be exhausted prior to any judicial challenge to the provisions of import regulations issued under section 8e of the Act. This rule changes the maturity requirements prescribed under the order. This rule changes the maturity shipping schedule to allow certain sizes and weights of the Choquette avocado variety to be shipped to the fresh market earlier. With this change, the maturity schedule will better reflect the current maturity rate for the Choquette variety, facilitating the shipment of this variety as it matures. This rule was unanimously recommended by the Committee at its April 9, 2014, meeting. Section 915.51 of the order provides, in part, authority to issue regulations establishing specific maturity requirements for avocados. Section 915.52 of the order provides authority for the modification, suspension, or termination of established regulations. The maturity requirements for avocados grown in Florida are specified in § 915.332 of the order's rules and regulations. These requirements specify minimum weights and diameters to delineate specific shipping time frames for avocados. Maturity requirements for avocados imported into the United States are currently in effect under § 944.31. The maturity requirements are designed to prevent the shipment of immature avocados. This helps to provide buyer confidence and consumer satisfaction essential for the successful marketing of the crop. The maturity schedule is usually divided into A, B, C, and D dates reflecting when a particular variety matures. Larger fruit within a variety mature earlier, while smaller-sized fruit take longer to mature. Consequently, the A dates are established so only the largest, most mature fruit are available for market for each variety early in its season. The D date marks the end of a variety's season when all fruit should be mature and releases all sizes and weights. The maturity requirements for the various varieties of avocados are different, as each variety has different growing and maturation characteristics. These dates are established based on a testing procedure developed in conjunction with USDA. At the request of the Committee, Committee staff began pulling samples of the Choquette variety and testing the level of maturity. The Committee believed that due to cultural practices the variety might be maturing earlier, and the current B, C, and D dates might need to be adjusted. Following three years of testing, a maturity subcommittee reviewed the sample testing on the Choquette variety. Based on their review of the data, the subcommittee agreed that some weights and sizes were maturing earlier, and recommended to the full Committee that the B, C, and D dates for Choquettes each be moved up one week, respectively. The subcommittee concluded that these revised dates will better reflect the current maturity rate for Choquettes. The Committee agreed the changes will help facilitate the shipment of this variety as it matures, and will continue to ensure that the consumer will receive a quality avocado. Consequently, the Committee unanimously approved the change in dates. This rule changes the B date for Choquettes listed on the maturity schedule from October 17 to October 10. This rule also changes the C date for Choquettes from October 31 to October 24, and the D date from November 14 to November 7. The corresponding sizes and weights associated with these dates remain unchanged. The dates on the maturity schedule are the basis for calculating the actual shipping dates (A, B, C, D dates) for each individual season. The actual shipping dates for an individual year are established as the Monday nearest to the date specified in the maturity schedule as specified in § 915.332. Section 8e of the Act provides that when certain domestically produced commodities, including avocados, are regulated under a Federal marketing order, imports of that commodity must meet the same or comparable grade, size, quality, and maturity requirements. Since this rule changes the maturity requirements under the domestic handling regulations for avocados, a corresponding change to the import regulations must also be considered. Maturity requirements for avocados imported into the United States are currently in effect under § 944.31. The same revisions of maturity dates will be made to § 944.31 as are being made to § 915.332. The Hass, Fuerte, Zutano, and Edranol varieties of avocados currently are exempt from the maturity schedule, and continue to be exempt under this rule. However, these varieties are not exempt from the import grade regulation, which is not being changed by this action. As it is the only marketing order covering avocados, import requirements are based on the marketing order for avocados grown in South Florida. The revised shipping dates for Choquette variety avocados better reflect the current maturity rate for Choquettes and will help facilitate moving mature fruit to the fresh market. This change benefits importers as well as domestic growers and handlers. Initial Regulatory Flexibility Analysis Pursuant to requirements set forth in the Regulatory Flexibility Act
(RFA)(5 U.S.C. 601-612), the Agricultural Marketing Service
(AMS)has considered the economic impact of this action on small entities. Accordingly, AMS has prepared this initial regulatory flexibility analysis. The purpose of the RFA is to fit regulatory actions to the scale of businesses subject to such actions in order that small businesses will not be unduly or disproportionately burdened. Marketing orders issued pursuant to the Act, and the rules issued thereunder, are unique in that they are brought about through group action of essentially small entities acting on their own behalf. Import regulations issued under the Act are based on those established under Federal marketing orders. There are approximately 30 handlers of Florida avocados subject to regulation under the order and approximately 300 producers of avocados in the production area. There are approximately 70 importers of West Indian and Guatemalan type avocado varieties like those grown in Florida. Small agricultural service firms, which include avocado handlers and importers, are defined by the Small Business Administration
(SBA)as those whose annual receipts are less than $7,000,000, and small agricultural producers are defined as those having annual receipts less than $750,000 (13 CFR 121.201). According to Committee data and information from the National Agricultural Statistical Service, the average price for Florida avocados during the 2011-12 season was approximately $20.79 per 55-pound bushel container and total shipments were slightly higher than 1.2 million 55-pound bushels. Using the average price and shipment information, the majority of avocado handlers could be considered small businesses under SBA's definition. In addition, based on avocado production, producer prices, and the total number of Florida avocado producers, the average annual producer revenue is less than $750,000. Information from the Foreign Agricultural Service, USDA, indicates that the dollar value of imported West Indian and Guatemalan type avocados was $15.5 million in 2013. Using these values, most importers would have annual receipts of less than $7,000,000 for avocados. Consequently, the majority of avocado handlers, producers, and importers may be classified as small entities. The Dominican Republic, Peru, and Costa Rica, are the major production areas of avocado varieties other than Hass exporting avocados to the United States. In 2013, shipments of these type avocados imported into the United States totaled around 14,500 metric tons. Of that amount, 14,400 metric tons were imported from the Dominican Republic, 63 metric tons were imported from Peru, and 21 metric tons arrived from Costa Rica. Mexico, Chile, and Peru are the major Hass type avocado producing countries exporting avocados to the United States. In 2013, shipments of Hass type avocados imported into the United States totaled around 548,000 metric tons. Mexico accounted for 500,000 metric tons, with 23,400 metric tons from Chile, and 21,500 metric tons from Peru. This rule changes the maturity requirements prescribed under the order's rules and regulations. This rule changes the maturity shipping schedule to allow certain sizes and weights of the Choquette avocado variety to be shipped to the fresh market earlier and makes a corresponding change to the avocado import regulation. With this change, the maturity schedule will better reflect the current maturity rate for the Choquette variety, facilitating the shipment of this variety as it matures. Authority for this change is provided in §§ 915.51 and 915.52. This rule amends the provisions in §§ 915.332 and 944.31. This rule was unanimously recommended by the Committee at its April 9, 2014, meeting. The change in the import regulation is required under section 8e of the Act. This action is not expected to increase the costs associated with the order's requirements or the avocado import regulation. Rather, it is anticipated that this action will have a beneficial impact. Based on several seasons of maturity testing, the Committee recommended moving the B, C, and D dates on the maturity schedule forward one week, respectively, for the Choquette variety allowing the associated sizes and weights to be shipped to the fresh market earlier. The revised dates better reflect the current maturity rate for Choquettes, and will facilitate the shipment of this variety as it matures, while continuing to ensure that only mature fruit is shipped to the fresh market. The benefits of this rule are expected to be equally available to all fresh avocado growers, handlers, and importers, regardless of their size. Regarding alternatives to this action, the Committee considered making no change to the requirements or waiting for additional testing. However, they determined that there was sufficient data to warrant making these changes. Therefore, this alternative was rejected. In accordance with the Paperwork Reduction Act of 1995, (44 U.S.C. Chapter 35), the order's information collection requirements have been previously approved by the Office of Management and Budget
(OMB)and assigned OMB No. 0581-0189, (Generic Fruit Crops). No changes in those requirements as a result of this action are necessary. Should any changes become necessary, they would be submitted to OMB for approval. This rule will not impose any additional reporting or recordkeeping requirements on either small or large avocado handlers. As with all Federal marketing order programs, reports and forms are periodically reviewed to reduce information requirements and duplication by industry and public sector agencies. AMS is committed to complying with the E-Government Act, to promote the use of the Internet and other information technologies to provide increased opportunities for citizen access to Government information and services, and for other purposes. In addition, USDA has not identified any relevant Federal rules that duplicate, overlap or conflict with this rule. Further, the Committee's meeting was widely publicized throughout the Florida avocado industry and all interested persons were invited to attend the meeting and participate in Committee deliberations. Like all Committee meetings, the April 9, 2014, meeting was a public meeting and all entities, both large and small, were able to express their views on this issue. Also, the Committee has a number of appointed subcommittees to review certain issues and make recommendations to the Board. The Committee's maturity subcommittee met on April 4, 2014, and discussed this issue in detail. That meeting was also a public meeting and both large and small entities were able to participate and express their views. Finally, interested persons are invited to submit comments on this interim rule, including the regulatory and informational impacts of this action on small businesses. A small business guide on complying with fruit, vegetable, and specialty crop marketing agreements and orders may be viewed at: *http://www.ams.usda.gov/MarketingOrdersSmallBusinessGuide* . Any questions about the compliance guide should be sent to Jeffrey Smutny at the previously mentioned address in the FOR FURTHER INFORMATION CONTACT section. This rule invites comments on a change to the maturity requirements currently prescribed under the Florida avocado marketing order and avocado import requirements. Any comments received will be considered prior to finalization of this rule. After consideration of all relevant material presented, including the Committee's recommendation, and other information, it is found that this interim rule, as hereinafter set forth, will tend to effectuate the declared policy of the Act. In accordance with section 8e of the Act, the United States Trade Representative has concurred with the issuance of this interim rule. Pursuant to 5 U.S.C. 553, it is also found and determined upon good cause that it is impracticable, unnecessary, and contrary to the public interest to give preliminary notice prior to putting this rule into effect and that good cause exists for not postponing the effective date of this rule until 30 days after publication in the **Federal Register** because:
(1)These changes relax current requirements for the Choquette variety, allowing some fruit to ship earlier;
(2)the Committee unanimously recommended these changes at a public meeting and interested parties had an opportunity to provide input; and
(3)this rule provides a 60-day comment period and any comments received will be considered prior to finalization of this rule. List of Subjects 7 CFR Part 915 Avocados, Marketing agreements, Reporting and recordkeeping requirements. 7 CFR Part 944 Avocados, Food grades and standards, Grapefruit, Grapes, Imports, Kiwifruit, Limes, Olives, Oranges. For the reasons set forth in the preamble, 7 CFR parts 915 and 944 are amended as follows: PART 915—AVOCADOS GROWN IN SOUTH FLORIDA 1. The authority citation for 7 CFR part 915 continues to read as follows: Authority: 7 U.S.C. 601-674. 2. In § 915.332, Table I, the entry for “Choquette” is revised to read as follows: § 915.332 Florida avocado maturity regulation.
(a)* * *
(2)* * * Table I Variety A date Min. wt. Min. diam. B date Min. wt. Min. diam. C date Min. wt. Min. diam. D date * * * * * * * Choquette 9-26 28 4 4/16 10-10 24 4 1/16 10-24 20 3 14/16 11-7 * * * * * * * PART 944—FRUITS; IMPORT REGULATIONS 3. The authority citation for 7 CFR part 944 continues to read as follows: Authority: 7 U.S.C. 601-674. 4. In § 944.31, Table I, the entry for “Choquette” is revised to read as follows: § 944.31 Avocado import maturity regulation.
(a)* * *
(2)* * * Table I Variety A date Min. wt. Min. diam. B date Min. wt. Min. diam. C date Min. wt. Min. diam. D date * * * * * * * Choquette 9-26 28 4 4/16 10-10 24 4 1/16 10-24 20 3 14/16 11-7 * * * * * * * Dated: September 11, 2014. Rex A. Barnes, Associate Administrator, Agricultural Marketing Service. [FR Doc. 2014-22052 Filed 9-15-14; 8:45 am]
Connectionstraces to 4
4 references not yet in our index
- 7 CFR 915
- 7 USC 601-674
- 5 USC 601-612
- 7 CFR 944
Citation graph
cites case law
Unknown
Interim rule with request for comments
Cite7 CFR 915
Cite7 USC 601-674
Cite5 USC 601-612
Cite7 CFR 944
Cites 8Cited by 0 across 0 sources